STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL 7(212) 416?8490. 7 Letitia James I Division of Social Justice Attorney General 7 7 Charities Bureau July 2020 BY: First Class Mail and . Email: info@BLMFoupndation.org I TO: Mr. Robert Ray Barnes, President Black Lives Matter Foundation .19197 Golden Valley Road Santa Clarita, CA 91387 RE: NEW YORK REQUIREMENTS FOR SOLICITING CHARITABLE CONTRIBUTIONS AND HOLDING CHARITABLE ASSETS Dear Mr. Barnes: it is our understanding that the Black Lives Matter Foundation is the subject of a Cease and Desist Order dated December 2, 2019 from the State of California, Department of Justice. Pursuant to that Order, the Black Lives Matter Foundation was directed to Cease and Desist from ?all solicitations for charitable purposes? ?In addition the California Department of Justice directed that ?No charitable assets may be disbursed without prior written approval from the (California) Attorney General?s Of?ce. - - . Our review of the California Attorney General website (rot doj ca. gov) discloses your notiCe of appeal from the California Attorney General?s Cease and Desist dated December 27 2019, stating that the failure to file was the result cf ?re conditions in the Santa Clarita California area. No further records are available on that website. Based on that website, it is our understanding that the Black Lives Matter Foimdation first was sent a Notice to Registerin February 2018 and was sent a ?nal Notice to Register in March of 12018. On May 24', 2018, the California Attorney General sent a letter to Black Lives Matter . oundatibn and the California Franchise Tax Board ?notifying the Franchise Tax Board to revoke 28 Liberty Street, New York, NY 10005 (212) 416? 8401 [1 Fax (212) 416- 8393 http: charitiesnys. com . the tax exempt status of? Black Lives Matter Foundation because of its failure to register. According to the website of the California Franchise Board - - Black Lives Matter Foundation?s tax exemption was revoked on May 30, 2019, Our understanding from public news sources is that the Black Lives Matter Foundation may be continuing to receive charitable contributions despite the multiple notices to register, entry of the Cease and Desist Order and revocation of its state tax exemption. PLEASE TAKE NOTICE THAT Section 172 of Article New York's Executive Law (?Article requires charitable organizations that solicit contributions in New York State to register and ?le annual ?nancial reports and, depending on the amount of their revenue, annual audited ?nancial statements with the Attorney General?s Charities Bureau. PLEASE TAKE FURTHER NOTICE THAT Black Lives Matter Foundation has not registered with the Charities Bureau. Solicitation of contributions in New York is an activity in which unregistered organizations are prohibited to engage. PLEASE TAKE FURTHER NOTICE THAT the Attorney General of the State of New York, through her Charities Bureau, is authorized to investigate transactions and relationships of charitable trustees for the purpose of determining whether property held for charitable purposes ?has been and is being properly administered,? New York Estates, Powers, and Trusts Law ?8-1.4 and that of?cers, directors, and ?duciaries of entities holding charitable assets contributed by New Yorkers are ?charitable trustees? for purposes of the EPTL. PLEASE TAKE FURTHER NOTICE THAT Black Lives Matter Foundation must immediately cease any solicitation of contributions and any other fundraising activities in New York in which it is engaged. Further, Black Lives Matter Foundation must notify any third parties engaged in solicitation or fundraising activities on its behalf in New York that they must cease such activities immediately. PLEASE TAKE FURTHER NOTICE THAT, pursuant to section 172 of Article 7-A, Black Lives Matter Foundation, in order to solicit contributions in New York, must register with the Charities Bureau via the online registration portal posted at within ?fteen (15) days of this notice. PLEASE TAKE FURTHER NOTICE THAT if Black Lives Matter Foundation engaged in charitable solicitation or other fundraising activity in New York during any year prior to 2020, it must in ?le all delinquent ?nancial reports as required by section 172? of Article 7 A for such years within ?fteen (15) days of this notice PLEASE TAKE FURTHER NOTICE THAT the failure to discontinue solicitation immediately and the failure to refrain from receiving or disbursing contributions from New York residents, and failure to register and ?le all reports required pursuant to Article or the EFT with the Charities Bureau shall be deemed a continuing violation of the laws of New York. All forms must be properly certi?ed, complete and accurate. Any person who swears falsely to any document required by Article 7-A of the Executive Law, or the EPTL, to be signed under penalties for perjury may be guilty of a crime under the New York Penal Code. 28 Liberty Street, New York, NY 10005 (212) 416-8401 Fax (212) 416-8393 Additional information concerning registration and forms and information concerning annual-?ling obligations are available online at 'If youl haveany questions concerning this notice. you rnay contact me at (212) 416-8490, or at. iames sheehan?bag. my gov Please address any correspondence, including any ?lings pursuant to this notice, to me via email .ncerelyChief Charities Bureau 28 Liberty Street New York, NY 10005 El (212) 416? 8401 El Fax (212) 416? 8393 http: chari?esnys. com